Subpoenas and Gonzales

There is a hidden, at least not a well known, power that comes with being the majority party in Congress. The power of the subpoenas. We still have a reasonably intact judicial system and a subpoena places you under legal obligation to provide information or testify at a hearing. You have to do it under oath. So if you don't tell the truth you an be convicted of perjury and go to jail. Refusal to comply can result in serious consequences. The power of the subpoena is what the majority Democratic House and Senate has been using. It has initiated a large battle arena between the Whitehouse and the Congress.

The plight of the Attorney General Gonzales is an interesting example. He replaced eight federal attorney generals in the States. A little background, The justice department, especially the Attorney general, even though appointed by the president, he is expected to be even handed and apply justice without political involvement. Though he has the right to replace State Attorneys for whatever reason.

So the AG was asked about this in a hearing and he gave a weird answer, politics just where not involved, and he really was not involved and did not know much about it. His deputy testified that this was not entirely true. Another deputy refused to testify, took the 5th (don't have to incriminate yourself) and then actually resigned. So the Congressional Committee asked for some documents. And, lo and behold, up came an email stating that he had attended meetings about the replacements and another document that Karl Rove had wanted them replaced because they were too aggressive in actions against Republicans and not aggressive enough against Democrats. The President will not allow Rove to testify. He will let him be interviewed without oath, without record, and without releasing any information about the interview. Democrats said " no thanks". It appeared that Gonzales had tried to mislead the Committee. He said he didn't. Boy, that set off the battle cry. Democrats said he should resign, and even some Republicans agreed.

Now sitting in the background is the fact that Gonzales was behind the legal interpretations that putting prisoners in Guantanamo would get them away from Constitutional protection. He came up with the "enemy combatant" name and used it as the basis of a legal argument that they did not need to be afforded the protection of the Geneva Convention. And he came up with the legal opinion that torture was OK for terrorists. So he wasn't a real popular person with those that thought we shouldn't do this and that the Constitution did not allow this.

In addition he is an example of the opportunities the US provides. His Grandparents were illegal immigrants from Mexico. His parents and he was born here. They were poor but he worked hard and made it through law school and was eventually picked by Bush and moved up the ranks in Texas and the Whitehouse. So here he is, the top Justice position in the administration. A real success story. But he owes a lot to the p
President.

Congress has now asked for more documents. The Whitehouse has dragged its feet and doesn't really want to provide the documents. That has started another battle. Anyhow, Gonzales will testify in the coming weeks. The scuttlebutt is that he has been practicing like mad and does not come up well in practice sessions. He has cancelled all appointments and is working full time on his testimony.

None of this or any of the other information now being revealed by other Congressional Committees would have been exposed except for the power of the subpoena. So this is American democracy in action. The people voted for the Democrats, they became the majority party and gained the right to subpoena. Only the majority party has that right. If the Republicans had stayed the majority none of this would come out. The minority party can't subpoena.

I went many years without understanding the power of the subpoena.

And now I am sitting her trying to figure out why John Howard is sending more Australian troops to Iraq